Children’s Centres
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Lord Nash
Of course I empathise with the practical challenges that such families face. Housing authorities and children’s services work together locally to ensure that the needs of children in homeless families are met. This should include the role that local children’s centres can play in supporting such families. The Housing Act places a duty on authorities to co-operate with social services in situations where children may be made homeless intentionally or may be threatened with being made homeless intentionally.
Baroness Turner of Camden (Lab)
My Lords, what arrangements have the Government made for regular reporting back by local authorities about the provision of children’s centres? At the moment there seem to be no national arrangements made by government for reporting back on what is provided.
Employment: Young People
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Baroness Turner of Camden (Lab)
My Lords, I hope that the Government have not overlooked the role that the trade union movement can play in providing and insisting on education, particularly for older children. The TUC has its own department, Unionlearn, which is highly respected and was formed deliberately to try to encourage education among people who somehow or other, during the course of their earlier career, missed out on it. It has worked consistently to try to improve and make available apprenticeship schemes right across manufacturing industry. My union, Unite, has done a great deal of work on manufacturing industry to ensure that there are proper educational arrangements for younger people and to encourage them—in particular, women—into training for engineering and manufacturing, which is vital for this country. I hope that the role which the trade union movement can play in this area, which can be assessed via the TUC, is not overlooked, because it is very important in encouraging people who have missed out on education earlier in their career.
Lord Nash
I could not agree more with what the noble Baroness says. The involvement of the unions on this side of the piece is extremely important. I am delighted to be able to say that the careers company will have an advisory board, which will help it to design and implement itself, and Askel will sit on that board. I note the very good work that the NAHT has done in relation to Primary Futures. I was visiting a Primary Futures event at a school in Oxfordshire on Friday and noticed that one of the ex-presidents of the NAHT sits on the Primary Futures board. The noble Baroness’s points are very well made.
Education Bill
Baroness Turner of Camden Excerpts(13 years, 1 month ago)
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“( ) In section 59(1) of SSFA 1998 (religious opinions etc. of staff), after paragraph (b) insert—
“(c) an Academy that is not religiously designated”.”
Baroness Turner of Camden
I shall speak also to the amendments in my name with which Amendment 85 is grouped.
I am attempting to follow up something which I began in Committee: I am endeavouring to protect the position of teachers in religiously designated schools from having religious views and requirements imposed upon them which they may not support. I am a secularist but I agree with the rights of both the religious and the non-religious. I accept that faith schools exist and are provided for in our legislation. My amendments do not alter that.
I commended the previous Government when they first introduced academies that they also provided for the appointment of what is known as reserve teachers, who could be expected to teach religious education and instruction and to abide by the religious ethos of the school. They were, however, limited in number to one fifth of the teaching staff. The other teachers did not have to comply with this and there was no requirement that the head teacher should be a reserve teacher. It did not seem to me that these requirements under the Bill would apply to other schools, such as foundation or voluntary schools of a religious character, and my amendments in Committee were intended to do that. I have since studied what the Minister said in reply. I have had the opportunity, for which I thank him, of meeting him and his officials and I have made available to him a legal opinion supplied by the secular association. As a result, I have dropped some of the amendments I introduced in Committee and have attempted to concentrate on what I think spells out the best way of complying with the advice I have received and the requirements of European law.
The first amendment seeks to give explicit statutory protection to teachers in community schools that become academies from being required to teach religious education. Many teachers with decades of experience do not wish to teach RE and there is no reason why they should lose the protection afforded to them by this section of the School Standards and Framework Act because of a change of the type of school.
The next amendment, which is in two parts, makes it clear that while preference may be given in connection with the appointment, remuneration or promotion of teachers at a voluntary aided school on the basis of religious belief, this is only to the extent of it being justified as an occupational requirement having regard to the school’s religious ethos. The second part provides that while termination or engagement of a teacher may have regard to compliance with the tenets of the religion involved, discrimination is nevertheless prohibited on grounds not allowed under our equality legislation, such as in relation to sexual orientation.
The third amendment will put into legislation the commitment that the Government have already given that academies which were originally voluntary controlled schools should go through a consultation process similar to that in the maintained sector before being allowed to gain staffing and governance arrangements similar to those in voluntary aided schools.
This may sound complicated because reference has to be made to legislation that already exists and the various schools concerned. However, basically it is quite straight forward. I want to ensure that teachers with no or perhaps different beliefs are not discriminated against as the Government and the previous Government provided quite specifically for faith schools to be able to discriminate in favour of teachers who share their religious outlook, but in line with specific arrangements and limitations on numbers, to which I have already referred. Otherwise, teachers will be recruited and employed on the basis of their ability to teach their particular non-religious subject and are no way discriminated against.
My impression when I met the Minister and his officials was that these views were not opposed by the Government. I hope therefore that my amendments can either be accepted—if the Minister accepts the ideas involved—or perhaps he could produce alternative wording. As I have already indicated, the advice I have received indicates that my wording is in line with our own equality law and European law.
Amendment 88 is grouped with my amendments and my noble friend will no doubt speak in favour of it. I fully support it. In the mean time, I beg to move.
Baroness Massey of Darwen
My Lords, I will speak to Amendment 88 in this group. I support my noble friend Lady Turner in her previous amendments. She has explained the issues very well and I know that she has had extensive consultation with the Minister on them. We have heard most, if not all, of her arguments before and I think that they are very powerful. I know that there is some sympathy for her arguments among various faith groups. While the issue is about religion, it is mainly, I think, about fairness and discrimination.
In Amendment 88, my chief concern is the fostering of segregation in schools on the basis of religion. The change proposed by the Education Bill will make voluntary-aided faith schools the most attractive option to religious groups seeking to set up schools because they will be the easiest to set up. This is especially so if the local authority is readily in favour of the school, in which case proposals would be extremely likely to succeed. It is hard to see how this change is justified in light of the drive towards free schools and the fact that free schools cannot religiously discriminate in admissions for more than 50 per cent of their intake. Surely this is a reflection that faith-based admissions criteria should be curbed, not increased. This will increase religious segregation in admissions, extend discrimination against staff of no religion and increase the number of schools teaching faith-based religious education. I believe, as does the noble Baroness, Lady Turner, that all schools should include and educate all pupils together so that they can learn from each other instead of being segregated on religious and other grounds.
Baroness Turner of Camden
I thank all the noble Lords who have contributed to a very interesting debate. Of course, a lot of it I did not agree with, including the strange argument produced by the noble Lord who said that I was seeking discrimination; the reverse is true, of course. I was hoping to get agreement from everyone that, while accepting that there are faith schools and that people have the choice to send their children to these schools if they wish to do so, we should ensure that people who do not necessarily participate in support for that faith are not discriminated against. I thought it was quite straightforward, and I am very glad that a number of people seem to agree with that view. I thank everybody who participated, particularly the noble Lord, Lord Avebury, who as usual produced his very strong arguments in favour of the position that I had taken up on the employment of teachers and so on.
I thank the noble Baroness very much for the assurances she has given me this afternoon. I am glad—and I had the impression when I met the Minister originally—that there was no opposition to what I was proposing, and that it was simply felt by me and other people that we wanted it in this Education Bill. Obviously, teachers will refer to the Education Bill as their basis, so to speak, so I thought it a good idea to have it all in the same Bill. In view of what the noble Baroness has said this afternoon, I simply thank her very much for the assurances that she has given, which will be on the record. I am very grateful for them. In those circumstances, I beg leave to withdraw the amendment.
Education Bill
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The Lord Bishop of Ripon and Leeds
My Lords, I want to follow the comments of the noble Lord, Lord Alton, about the advantage of leaving such arrangements to the local authority and the faith bodies in the localities. I could quote a recent example in north Yorkshire of the closure of a faith school and the way in which the children from there went to local community schools. It was the right thing to do in that example. The whole arrangement of voluntary-controlled schools is within the maintained system, whereby the faith authorities and the local authorities can work together for the benefit of the children of the area. So I, too, hope, along with the noble Lord, Lord Alton, that we can leave well alone in this area.
We need to stress that VA and VC schools are part of the maintained system. They are opportunities—and Schedule 11 seems to continue to encourage this—for there to be alternatives to moving towards an academy system. These schools remain part of the maintained system and are, therefore, places where the local authority and the faith authorities, usually the churches, can work together. I hope that both the parts which refer to the VA system and those which refer to VC schools can be maintained.
I am particularly concerned about Amendment 73, the third amendment in the name of the noble Baroness, Lady Massey, on voluntary-controlled schools. It seems to me that this is a very effective way, especially in remote rural areas, for authorities to work together to preserve a balance within the system which maintains, but does not increase, the percentage of church school places within a particular area. There are many examples of the ways in which collaboration can take place.
That is not to say that I am in any way in favour of the closure of small rural schools. Where it is possible, small rural schools, whether faith or community schools, can provide immense social and community cohesion within the comparatively small area that they serve, or for a small number of pupils over a sometimes fairly large geographical area. Small rural schools have much to contribute. We need to be able to continue the work between local authorities and faith bodies—particularly, in this instance, the Church of England—to preserve the balance within the system that we have at the moment.
One additional point that I should make about VC schools is that they enable voluntary sites to continue to be put to good use in school provision. If we abandon those sites, one of the problems is that they will either have to be bought from the trustees or, if they are closed altogether, they may revert to the original donor from some years—or, on occasions, a century or so—ago. That would represent a considerable capital loss to the school system. Voluntary-controlled schools are an important part of the way in which we work together for the benefit of the children of our communities and the cohesion of the villages and areas that they serve. I hope that we shall be able to maintain that effective provision through the voluntary control system.
Baroness Turner of Camden
My Lords, I rise briefly to support the amendment tabled by the noble Lord, Lord Avebury. As I have often said in this House, I am a secularist, but this does not mean that I am opposed to people who have religious beliefs or that I want to prevent their demonstrating those beliefs. However, the amendment that has been spoken to by the noble Lord, Lord Avebury, seeks to maintain a balance. Surely it is reasonable that that should happen. I should not like to see a reduction in the number of places for denominational pupils. On the other hand, the guidance proposed in the amendment would,
“not contain any presumption that the proportion of denominational places in the area shall be reduced or increased”.
In other words, it would maintain a balance. Surely a balance in this area is what everyone wants. I would expect the Government to regard it as very sensible and to accept the amendment.
Education Bill
Baroness Turner of Camden Excerpts(13 years, 1 month ago)
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Baroness Turner of Camden
My Lords, I support the noble Lord, Lord Avebury in the amendment he has just moved. As he has pointed out, the law as it stands is the legacy of a society unrecognisable from the pluralistic Britain today where citizens hold a wide variety of religious beliefs—including no religious belief. This Bill presents an opportunity to reform an outdated and overly prescriptive law. The amendments, which I think are reasonable and moderate, are intended to offer greater freedom and choice in regard to worship in schools.
While parents have the right to withdraw their child from collective worship, for many parents this is not a satisfactory option as they feel it is unfair to exclude and separate their children from classmates; children often do not realise while they are being excluded, so it is not always a very good solution. Children themselves have a right to freedom of thought, conscience and religion under both Article 9 of the European Convention on Human Rights and Article 14.1 of the UN Convention on the Rights of the Child. It is not for the state to impose worship on children, regardless of whether the school they are attending has a religious ethos or not—particularly if it does not have a religious ethos. The amendments would at least ensure that conducting an act of worship was made optional for schools without a religious designation. Amendment 61B would make the attendance at worship optional for children.
Amendment 61C would lower the age at which pupils may withdraw themselves from collective worship—from the sixth form as it is now to a default age of 15. That would at least bring the law closer to the advice of the Joint Committee on Human Rights. Our arguments for older pupils’ self-withdrawal were accepted in principle by the previous Government, but they set the age limit at sixth-form pupils. The amendment uses age 15 as a default age, but does allow this to be overridden in exceptional cases. That seems to me to be a more reasonable age than sticking to the sixth form as provided for in current legislation.
Particularly in multicultural areas, the holding of any kind of religious activity is bound to upset someone. We have been informed of at least one head teacher who resigned because of being unable to reconcile the demands of the parents of many religions on the one hand and the law on the other. The amendments would not impinge on schools of a religious character. We are simply seeking in the amendments of the noble Lord to try to ensure that there is in future a proper and reasonable choice in regard to worship in schools. I commend these amendments to the House.
Baroness Trumpington
My Lords, I was married to the headmaster of a Methodist boarding school for many years, including during the 1960s, which was not exactly an easy time for any teacher to be associated with boys—or girls for that matter. There was daily chapel for all the pupils and I remember that, following a governors meeting, to which of course I was not invited, some of the governors came up to me and asked whether I favoured having non-compulsory chapel every day. I replied—and I have not changed my view since—that it did not matter if pupils were bored, did not like going to chapel or were not interested in religious matters at the age of 15, 16 or perhaps even 17. That daily event gave each pupil a background to which they could return in later life. It was very important to have that little base of knowledge of which they could make use when they had really grown up, and I hold that view today.
Education Bill
Baroness Turner of Camden Excerpts(13 years, 3 months ago)
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“( ) In section 59(1) of SSFA 1998 (religious opinions etc. of staff), after paragraph (b) insert—
“(c) an Academy that is not religiously designated”.”
Baroness Turner of Camden
My Lords, I will speak to the amendments in this group in my name. They seem complicated, which is because reference needs to be made to previous legislation. However, they have been drafted with a view to protecting teachers and ensuring that they have legislative cover in line with the European employment directive and our equality law.
When the previous Government introduced academies, they stipulated that teachers did not have to be adherents to a stated religion unless they were involved in teaching RE or religious instruction. The concept was introduced of reserved teachers, selected for their fitness to give religious education in line with the precepts of the designated religion. However, they did not constitute the majority of the staff—they had to be no more than one-fifth of the staff—and other teachers were in no way required to adhere to the religion or its precepts. However, the opinions of several legal and academic lawyers contend that the Bill does not provide adequate protection for non-religious teachers. They say that it falls far short of the standards required by the European directive. The aim of my amendments is to ensure that this protection is available.
I turn to the first of my amendments. Amendment 127 —and Section 59 of the SSFA to which it refers—protects non-religious staff in community schools from discrimination on the grounds of their religion or lack of it. This includes not being required to take religious education or to conduct collective worship. I commend the Government for transferring to the Bill existing protections for non-religious teachers in voluntary controlled schools that are transferring to academies, but unfortunately this has not been carried through to teachers in community schools. The amendment does this. I do not accept that it is reasonable for teachers, some of whom may be of many decades' standing, to lose their protection for not teaching RE. This regression is in contravention of the employment directive.
Amendment 128 also deals with aspects of previous legislation, in particular Section 60(5) of the SSFA. For a long while, this section has been regarded as draconian and the amendment states that it should be omitted. Among other things, Section 60(5) states that,
“preference may be given, in connection with the appointment, remuneration or promotion of teachers at the school, to persons … whose religious opinions are in accordance with the tenets of the religion or religious denomination specified in relation to the school … or … who attend religious worship in accordance with those tenets, or … who give, or are willing to give, religious education at the school … and … regard may be had, in connection with the termination of the employment of any teacher at the school, to any conduct on his part which is incompatible with the precepts, or with the upholding of the tenets, of the religion or religious denomination so specified”.
That is pretty draconian and a number of lawyers who were consulted believed it to be a bit over the top. The suggestion of the amendment is that it should not be applied.
There is also the issue of head teachers. It has been suggested that the head teacher of a school should be a reserved teacher. Amendment 129 states:
“The head teacher of such a school shall not, while holding the post of head teacher of the school, be a reserved teacher”.
That seems reasonable, because the head teacher is the head of a staff only one-fifth of whom are necessarily reserved teachers. Therefore, it is reasonable that the head teacher should not have to be a reserved teacher. If this were insisted upon, it would mean that it would be somewhat of a problem for teachers who had career aspirations, because they might find it difficult to become head teachers in a situation where they were required to be a reserved teacher.
Amendment 130 sets out a reasonable arrangement.
The Lord Bishop of Hereford
It is my understanding that the head teacher does not have to be a reserved teacher, but that they may be. I thought that the noble Baroness said that the head teacher had to be a reserved teacher. My understanding is that that is not correct.
Baroness Turner of Camden
All I can say is that the legal advice I had on the text before us is that it would be better to say in the Act that a head teacher did not have to be a reserved teacher. But if the right reverend Prelate says that that is not so, I am quite happy about that.
Amendment 130 sets out the arrangements in regard to voluntary aided schools, but an important piece has been put into the bottom of this text. Proposed subsection (5A) in Amendment 130 states that,
“nothing in this section shall be taken to permit discrimination which would be prohibited by the Equality Act 2010 other than in relation to religion or belief”.
I understand that that wording is in compliance with the European text to which I earlier referred.
Most of the other amendments deal with what we are trying to achieve, which is a situation in which the arrangements that have been introduced by the previous Government in relation to academies are applied throughout the educational setup. In other words, there should be arrangements for people who are regarded as reserved teachers, but the rest of the teaching population should not be restricted in any way, and they may or may not be religious or may have no belief at all. I am asking the Government to consider seriously what is proposed here.
The amendments, as I understand it, do not interfere with the rights of religiously designated schools. All they do is ensure that the basic non-discrimination law protects teachers. They should be appointed on the basis of their ability to teach their subject. Their religion or non-religion should be a private matter, unless of course they are specifically appointed because of their ability to teach RE and deal with religious instruction. That is met by the proposed amendments, which are in line with the EU directive. I had very detailed legal opinion here, which is in full support of what I have been saying. As I said earlier, the intention is to give protection to people who have religion which is not the same as the designated one, or have no belief at all. I hope therefore that the Government will consider seriously what has been said because, if the amendments are not regarded as suitable but they accept the concept, they can come back with different wording. I beg to move.
Lord Avebury
My Lords, I begin by declaring an interest as an honorary associate of the National Secular Society, which has been instrumental in securing that these amendments are before your Lordships today. There have been herculean efforts to get the matter considered, first, by the Equality and Human Rights Commission and now by your Lordships in Committee. The noble Baroness, Lady Turner, has made reference to the Council’s opinion, dated 24 March, which had been sought by the Equality and Human Rights Commission as a result of persistent representations by the National Secular Society about the unlawfulness of certain provisions in Section 60 of the School Standards and Framework Act 1998, and of amendments to that and other sections of the 1998 Act which are included in this Bill.
Yesterday, I alerted the Minister’s office to my intention of following the noble Baroness in referring to the 90-paragraph opinion by Mr David Wolfe of Matrix Chambers—he a distinguished lawyer in one of the leading chambers in the whole of England—which was deposited in the Library of your Lordships’ House following a Question for Written Answer dated 11 August 2011, col. WA 433.
If I were to go through the whole list of alleged violations and potential violations of the European directive 2000/78/EC, which were identified by counsel, we should be here all night. However, it might help if I begin by explaining that Articles 4(1) and 4(2) of the directive provide a partial derogation from Article 2 which says that direct or indirect discrimination on grounds of religion or belief is proscribed in the field of employment. The derogation, which must be narrowly construed, provides effectively that a difference in treatment on grounds of religion or belief shall not constitute discrimination where the characteristic is a genuine and determining occupational requirement, provided that it is proportionate. Whether that derogation applies to reserved posts in the present context is arguable but in counsel's opinion it cannot go beyond that.
To pick up on just a few points of detail, counsel says that SSFA,
“section 60(5) (and by parity also section 124A) falls foul of the Directive”,
for which he gives several different reasons. This section applies to all voluntary-aided schools, religiously designated academies and to up to a fifth of teacher posts in voluntary-controlled schools. He expresses concern about the,
“(potentially flawed) assumption that all voluntary aided schools fall within Article 4(2) for all relevant purposes”.
If this assumption is wrong they would not be able discriminate against all staff on religious grounds, as the law currently allows in voluntary-aided schools.
This concern is repeated about religiously-designated new academies or free schools and independent schools with a religious character. If they do not fall within Article 4(2), which as I have said must be narrowly construed, it is illegal for them to discriminate in the way the law at present purports to allow, and I dare say that this could be the subject of unnecessary litigation.
The opinion supports the proposal that Section 59 of the SSFA protections of staff in community schools should be continued when they convert to academies so that teachers cannot be required to teach RE, and of course staff should not be required to worship or believe. In the Minister’s Written Answer to me of 15 March, he said that the Government were satisfied that their approach was compatible with the directive, but at that time he had not seen this counsel’s opinion. When the NSS had a meeting with Minister Nick Gibb, some time in June, he appeared to be sympathetic to the amendment which counsel suggests.
There is support for conditions to be attached to the exercise of the Secretary of State’s discretionary power in Clause 58 and Section 124AA(2) of the SSFA to convert VC schools to voluntary-aided academies so that they have power to discriminate against 100 per cent of staff rather than a maximum of 20 per cent.
Having reviewed the several alleged violations and potential violations of the directive which he shows as contravening the limits on derogation from Article 2, counsel concludes that,
“the problem discussed above is far greater than even the NSS has contemplated so far. In particular, it would mean that schools which did not meet the Article 4(2) requirements would nonetheless be gaining a right to discriminate which Article 4(2) does not permit”.
He goes on to note that although he had not been asked to deal with Human Rights Act matters,
“there may be significant Article 14 and Article 9 issues particularly when it comes to the position in voluntary aided schools (in relation to section 60(5)) and in Academies falling within section 124A (after the introduction of section 124AA, namely the ex voluntary aided schools) which are all clearly public authorities”.
I just remind your Lordships that Article 14 ECHR prohibits discrimination on grounds of religion as well as other characteristics, and Article 9 confers the right of freedom of religion or belief. These are extremely serious matters. Given that the EHRC, as the Government’s statutory equality watchdog, had this hugely damming advice about legislation and proposed legislation being unlawful, one would have expected it to warn the Government immediately and to call for corrective amendments to be brought forward. However, predictably, it sat on counsel's opinion for nearly three months. It was on the desk of the chair, Trevor Phillips, while the Bill went through another place.
The Lord Bishop of Hereford
My Lords, may I just say that in no way was I suggesting—indeed, in no way was I saying—that any of the comments were improper. I was rather pointing out that they were not neutral. Like the noble Lord, I would be very happy for the lawyers to be able to sit down, as has been suggested by the Minister.
Baroness Turner of Camden
I would like to reply to the debate, which has been very interesting, and to make very clear that I also am a secularist. I have never disguised that fact. However, like most secularists, I also believe in equality. We also believe in freedom of religion. All we object to is that beliefs that we and other people do not share are simply imposed on us whether we like them or not. That is really what a lot of this is about. These amendments seek to protect the position of people who do not share a religious point of view but who nevertheless may be very good teachers and are appointed to teach their subject because they have training in their subject and are good teachers. However, they may not be participants in the religion that is designated to run a particular school.
Of course, we also support what the Government tried to do originally with academies. In fact, what we are trying to do in this Bill is to transfer that system throughout the education system. In the case of academies the Government established that there should be reserved teachers. What they could and could not do was precisely defined; and if teachers were not reserved, no pressure could be exerted on them to join a religion or be bound by any of its precepts. The advice that we have had, which was clear, was that unless we amended it in some way, there was a danger that the Bill now before us would not be regarded as complying with the EU directive. It was for that reason that we put down our series of amendments.
I am grateful for the Minister’s response because I understand that he is going to look at some of these things again. We are happy to hear what he has to say. Of course, we are in Committee; we still have Report to go through, and we will take careful note of what has been said. I thank my noble friend Lord Peston for his support. In reply to his comment about who is breaking the law, as far as we can see, unless this Bill is amended, the green light will be given to people on the floor, so to speak, in education to apply what they want to apply because the law that we will then have will not prevent them doing so. If people objected, the only thing to do would be to go to Europe with it, and that is not a good idea. That is the situation and that is one of the reasons we wanted amendments before the Bill leaves this House.
In the mean time, I thank the Minister for what he has said. I thank the noble Lord, Lord Avebury, and other noble Lords for their comments. I beg leave to withdraw the amendment.
Education Bill
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Baroness Massey of Darwen
My Lords, I support the remarks made by the noble Baroness, Lady Walmsley, and my noble friend Lord Touhig about having students on governing bodies for two reasons. First, it would be good for the school and, secondly, it would be good for the students to have experience of being on a governing body. We have got better at listening to children over the past six or eight years or so. I sit on a couple of boards on which young people are now represented, and they collaborate fully. We have a Youth Parliament that is incredibly powerful, sensitive and sensible. We have talked before about the importance of school councils. Having pupils as governors is an extension of that. School councils are elected. They are not just there to talk about the toilets. They talk about all kinds of important issues, such as school meals, discipline and bullying, and they talk about the ethos and curriculum of the school. This is all to the good. Schools benefit and young people benefit, so I support the amendment.
Baroness Turner of Camden
My Lords, I, too, support my noble friend in her amendment. I have been briefed by a number of organisations, including Save the Children, of which I was a trustee for many years. It is fully in support of the amendment, which would ensure that students were able to become school governors. I gather that they cannot be at the moment; they may play a very full role in the community, but they cannot become school governors unless there is a change in legislation to make it possible. Save the Children has reminded me about the UN Convention on the Rights of the Child and the right for children and students to be involved in decisions that affect them. What can affect them more than the kind of education they have? It seems entirely reasonable that students should be allowed to become governors, which I am sure will add to the general weight and value of governors and ensure that students begin to feel a much greater sense of responsibility than if they are simply governed by other people. Therefore, I strongly support the amendment and I hope that the Government will be prepared to accept it as well.
Baroness Howarth of Breckland
My Lords, your Lordships would not but expect me to support the idea that young people should be fully involved in boards. I serve on a number of boards that are fully integrated and that work. However, I am anxious about the rights and responsibilities aspect. If this amendment is incorporated into the legislation, what will the difference be between the responsibilities of adult governors and those of minors? That difference is made absolutely clear in voluntary organisations and non-departmental governing bodies on which young people sit with equal rights to speak. There is clarity about their accountability because they do not hold property or estate, which can be called on in a voluntary organisation. I know all the benefits of young people being fully involved—I do not want to repeat the speeches of my colleagues on that—but I want clarity on their protection as minors. We often forget that we as adults have that responsibility for them.
I support the separation of powers between heads and governing bodies. I know that there has been a great deal of debate, certainly in the voluntary sector, as to whether chief executives should be full members of trustee boards. However, that again brings a number of conflicts of interest below the line. If there is a difference of opinion between the majority of the trustees and a group of trustees with the head, and there are issues that take the group into disrepute, there are real dangers in that. One needs a head teacher who is a chief executive and gives advice independently, and the decision-making power within the governors. I agree with the noble Baroness, Lady Howe, that these powers should be separated, although I understand why the Government are trying to give teachers the status of being on the board.
Education Bill
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The Lord Bishop of Oxford
I just point out the statistic that 98 per cent of primary schools have a daily act of worship. The noble Lord is quite right that in secondary schools the figure is not as high as that: it is between two and three acts of collective worship a week; on other occasions, the school is meeting for an assembly purpose. That is what I mean by the generous interpretation of religious and spiritual reflection, which is crucial.
Secondly, the system of opt-in rather than opt-out would drive a wedge into our schools which would be regrettable. We could find social division. As it is, there is a difference between collective worship and corporate worship. Collective worship is a gathering of everyone who is together in a certain place at a certain time, such as a school. Corporate worship is when people opt into the faith and want to go to a church. Therefore, we have a collective gathering which allows youngsters to experience something and not just learn about it. As we are legally charged with promoting the spiritual, moral, cultural, mental and physical development of pupils and society, experience matters, and the candle, the singing, the prayer, the stillness and the silence, which are so often present, are all part of the experience of the spiritual, which is part of what we are required to provide.
Thirdly, there is the problem of a wedge appearing between two different types of school. One of the glories of our system is that it is an integrated church state system or a system of church schools within the state. It works well because it is integrated and, if we drive a wedge by saying that there are church schools over here and non-religious schools over there, we will deny ourselves something rather precious about the British system. There is much more that I could say but I will not go on.
Lastly, let us remember that in 2010 the Office for National Statistics said that 71 per cent of the population of this country still want to identify with—I think that that is the phrase—the Christian religion. If we are swapping statistics, 86 per cent of people in this country go into a church at some point during the year, but if 71 per cent want to identify with the religion, that would seem to indicate that most parents are happy with the way that we go about things at the moment. We have a good British compromise and, if we rock the boat with this, I do not know quite where that will lead. I think that it will probably be to our detriment.
Baroness Turner of Camden
My Lords, I support the contributions of my noble friend Lady Massey and the noble Lord, Lord Avebury, to this debate. In my view, the law as it stands is a legacy of a society which is unrecognisable compared with the one that we have today, with its wide variety of beliefs and traditions. The Bill provides an ideal opportunity to modernise an outdated and overly prescriptive law, and the amendments give us the opportunity to do precisely that.
Although it is true that parents have the right to withdraw their child from collective worship, for many parents this is very unsatisfactory because it means that the child may feel excluded and separated from their classmates, and this can have a very damaging effect, particularly on very young children. In some respects, I speak from personal experience in that regard. My mother was a Roman Catholic and my father was not, but they insisted that we went to state schools, and my mother filled in the appropriate forms to the effect that I was a Roman Catholic. Therefore, when I went to school, instead of going in with everyone else, I sat outside the door. It was thought right and proper that I should be separated from the rest of the children. I remember being very upset about this, getting home and saying to my mother, “They don’t really like me, you know, because I’m a Roman Catholic”. Perhaps that is one reason why I grew up to be a secularist. That is by the way but the fact remains that it is not a very good solution simply to say that parents can withdraw their children. Much better in my view is the kind of assembly envisaged by my noble friend Lady Massey, which is available for everybody. People can attend irrespective of their religion or no religion.
I turn to the amendments in the name of the noble Lord, Lord Avebury. Amendment 92 would at least ensure that conducting an act of worship was made optional for schools without a religious designation, and Amendment 93 would make attendance at worship optional for all children. However, the less satisfactory amendment from my perspective is Amendment 94, which would lower the age at which pupils may withdraw themselves from collective worship from sixth-form age to a default age of 15.
The three amendments in the name of the noble Lord, Lord Avebury, would certainly be an improvement on the present situation, and we now have an opportunity to reform what I think is a very outdated way of looking at collective worship. I therefore hope that the Government will be prepared to respond suitably to these amendments.
Baroness Walmsley
My Lords, I have no interest to declare save that in previous pieces of legislation I have tried to achieve exactly the same objectives that my noble friend is trying to achieve today. I agree with what he is saying. I also agree with the noble Baroness, Lady Massey, that it is important that children are able to make decisions for themselves about something like this. We are not just talking about a piece of religious education; we are talking about worship. I wonder whether the proponents of the out-of-date law as it stands would feel the same way if this were a Muslim country and Christian children were being asked to worship in the way that Muslims do, even though they did not espouse that faith.
The noble Baroness, Lady Turner, also put her finger on the fact that this is completely out of date in our multicultural society. If it is true that academies have the freedom to decide whether or not to do this and maintained schools do not, that is not right.
Baroness Perry of Southwark
My Lords, my name is also to Amendment 138. For me, these two paragraphs together describe the ideal nature of a faith school when it has the freedom of being an academy. Subsection (1) makes the point that a faith school should not in any way have admission criteria that insist that all children shall have some kind of allegiance to the faith of that school. We have all heard stories about parents suddenly turning up at a church in the last few months before their application to a school that happens to be the best school in the area and a faith school. That is unfortunate; it distorts what should be an open choice by parents of a good school that has a particular ethos. Subsection (1) is inclusive and says that faith schools would be inclusive. Around half the children they took would share a commitment to their faith, but the other half could be of any faith or no faith.
I strongly believe in subsection (2). Exactly as my noble friend Lord Lucas said, if parents have chosen a Catholic school, an Anglican school, a Jewish school or a Muslim school for their children, they must respect the traditions of that faith. It is not a secular school; it is a school of that faith. They should be included in the general ethos of the school and pay tribute to the customs within it that reflect its faith. My experience and that of noble Lords who spoke earlier reinforce this; parents of other faiths welcome the ethos of a Christian school, and perhaps parents of other faiths will welcome the ethos of a Muslim or a Jewish school as well.
Parents are looking for a school with strong values, and if those values are based on faith, the parents will accept that. The success of faith schools has been widely demonstrated by their popularity and their academic success.
Baroness Turner of Camden
My Lords, I support my noble friend Lady Massey on Amendments 103, 140 and 141. I do not accept Amendment 138. In fact, I seem to recall that the bishop in the Anglican Church in charge of education recently announced that he would welcome the idea that people not of the faith were accepted into religious schools. That should be welcomed.
Baroness Perry of Southwark
Does the noble Baroness not recognise that the amendment specifically states that 50 per cent of the children would not be of the faith?
Baroness Turner of Camden
I am sorry, but I will continue, if I may. In view of what I said, the noble Baroness will accept that in no way can I accept the subsection (2) in Amendment 138, particularly where pupils would be accepted into religious schools who were not themselves religious. I do not see how subsection (2) could in any way be accepted; it does not seem sensible. If people are being accepted who are not of that religious faith, why should they be expected to participate in the school’s religious life when it is not of their particular faith and it was known that they would not be of that faith when they were accepted into the school?
The Lord Bishop of Lichfield
The right reverend Prelate who laid this challenge was sitting next to me until a little while ago, and he got into serious trouble in some quarters for saying what he did. We take very seriously the possible ghettoisation of our country’s schooling, and we are constantly thinking about it. Perhaps we all skirt around the fact that we live in one of the most educationally divided countries in the world, and the fault lines run deepest between rich and poor rather than between one religion and another. We ought not to forget that.
We in the church are not new to this. It has to be remembered that for two generations, the Church of England provided thousands and thousands of schools for the poor, while our successive Governments were still saying that the poor did not need educating. Then to accuse us of ghettoisation is a misremembering of history.
Education Bill
Baroness Turner of Camden Excerpts(13 years, 5 months ago)
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Baroness Massey of Darwen
My Lords, with all due respect, I think my noble friend is misunderstanding me. I am not saying that parents should not send their children to the school of their choice. All I am saying is that, as a parent, I would not wish my child to have his or her education limited to a particular doctrine or creed or particular way of teaching or particular aspects of teaching. I would want my child to have a very broad education. Earlier I gave the example of a Roman Catholic school where the nuns say they will teach in a broad sense but within the ethos of their own faith. That is fine by me.
Baroness Turner of Camden
My Lords, I support wholeheartedly what my noble friend Lady Massey has just said, particularly in relation to children learning about different faiths and so on and that being part of general education. Amendment 85B is very good and extremely well intentioned. The only problem I have is with its wording. Subsection (7) outlines the principles of PSHE, which of course are absolutely admirable, that it “endeavours to promote equality”, of course; “encourages acceptance of diversity”, of course; and,
“emphasises the importance of both rights and responsibilities”.
Of course we all agree with that; it is absolutely right. However, subsection (8) says:
“Subsections (4) to (7) are not to be read as preventing the governing body or head teacher of a school within subsection (9)”—
that is, schools with a religious character,
“from causing or allowing PSHE to be taught in a way that reflects the school’s religious character”.
That gives me a problem because subsection (7) could lead us into difficulty when it says, “endeavours to promote equality”. We are all aware that there are religions that, if you look at their precepts, are in dispute with the equality law that we have, and we want all citizens of this country to accept the rights that the equality law gives them. That sort of wording might lead us into some difficulty.
I do not have the same problem with Amendment 98, which has just been spoken to by my noble friend Lady Massey. Frankly, I would prefer that wording and that amendment to the wording in the amendment that is presently before us. However, I support the feeling behind both amendments, I think that it is right, and I congratulate both noble Baronesses on their commitment to these ideas, which I wholeheartedly support.
Lord Layard
My Lords, I congratulate the proposers of these amendments because they deal with one of the central purposes of education. In surveys, when parents are asked what they most want for their children in school, they say they most want children to be happy and to learn how to live. Secondly, they say they want them to learn their subjects. The tragic situation is that many people, including some senior politicians, think that these two objectives are in contradiction to and competition with each other. Of course, the opposite is true. These objectives are mutually reinforcing and this is really the essence of the point that needs to be made today. The noble Baroness, Lady Walmsley, referred to it and I want to give you a bit of evidence that by the teaching of PSHE we serve two objectives: teaching children how to manage their lives but also enabling them, through being happier and more balanced, to learn their subjects better.
Here is one piece of interesting evidence. Some 207 programmes in imparting life skills that were developed mainly in the United States were surveyed in terms of their effects on young people. Each programme covered a part of the PSHE curriculum that has been outlined in the amendment and was rigorously evaluated in comparison with a control group. From the so-called meta-analysis, one obtains the average effect of all these programmes on the well-being of the pupils and their academic achievements. Here is the effect on the emotional well-being and balance of the child: the average programme lifted the average child by 11 percentile points—11 places in the ranking in which children are ranked from 0 to 100—and that represents a substantial effect. Guess what the effect on academic performance was. It was also 11 percentile points. So it is not a question of either life skills or academic attainment, it is both. If noble Lords are interested in these programmes, information on them can be found on a wonderful website, casel.org. The other point that emerges from these surveys is that the better of the 207 programmes have much larger effects.
The future of PSHE, particularly in secondary schools, has to involve a much greater use of such programmes because it is an extraordinarily difficult subject to teach. We have not talked about that very much but most people, if thrown in at the deep end, would have a lot of difficulty in teaching most of these subjects. We need much more serious teacher training in these areas and much better materials. There is some progress in this country in this area, but very little. To achieve progress in the quality of the teaching, these subjects must be firmly established in the curriculum. That is what these amendments are about. I welcome them and hope that the Government will take them seriously.